§47114 Apportionments

2024—Subsec. (c)(1). Pub. L. 118–63, § 712(a)(1), amended par. (1) generally. Prior to amendment, par. (1) related to amounts apportioned to sponsors of primary airports, new airports, and seasonal airports, minimum and maximum apportionments for primary airport, special rule for total amount of $3,200,000,000 or more, use of previous fiscal year’s apportionment, special rules for fiscal years 2018 through 2020 and 2022 and 2023, limitations and waivers, and minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year. Subsec. (c)(1)(J). Pub. L. 118–41 substituted “

May 10, 2024,” for “

March 8, 2024,”. Subsec. (c)(2)(A). Pub. L. 118–63, § 712(a)(2)(A), substituted “4 percent” for “3.5 percent” and “25,000,000 pounds” for “100,000,000 pounds”. Subsec. (c)(2)(C) to (E). Pub. L. 118–63, § 712(a)(2)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport.” Subsec. (d)(2). Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2). Former par. (2) struck out. Pub. L. 118–63, § 712(b)(5), struck out par. (2). Text read as follows: “Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows: “(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. “(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States. “(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.” Subsec. (d)(3). Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2). Pub. L. 118–63, § 712(b)(1)(A)–(C), substituted “Apportionment” for “Special rule” in heading, “25 percent” for “20 percent” in introductory provisions, and “excluding commercial service airports but including reliever airports” for “excluding primary airports but including reliever and nonprimary commercial service airports” wherever appearing. Subsec. (d)(3)(C), (D). Pub. L. 118–63, § 712(b)(1)(D), added subpar. (C) and struck out former subpars. (C) and (D) which read as follows: “(C) During fiscal years 2019 and 2020— “(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal year 2013 that is listed as having an unclassified status under the most recent national plan of integrated airport systems shall continue to accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, subject to the conditions of this paragraph; “(ii) notwithstanding the period of availability as described in section 47117(b), an amount apportioned to an airport under clause (i) shall be available to the airport only during the fiscal year in which the amount is apportioned; and “(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport receiving apportionment funds under clause (i) may not waive its claim to any part of the apportioned funds in order to make the funds available for a grant for another public-use airport. “(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains its classified status.” Subsec. (d)(4). Pub. L. 118–63, § 712(b)(6), redesignated par. (4) as (3). Pub. L. 118–63, § 712(b)(2), substituted “Airports in noncontiguous states and territories” for “Airports in alaska, puerto rico, and hawaii” in heading; designated existing provisions as subpar. (A), inserted heading, and substituted “An amount apportioned under this subsection” for “An amount apportioned under paragraph (2) or (3)”; and added subpar. (B). Text quoted in directory language of amendment of the heading was editorially conformed to the style of the heading. Subsec. (d)(5). Pub. L. 118–63, § 712(b)(6), redesignated par. (5) as (4). Pub. L. 118–63, § 712(b)(3), inserted “or subsection (c)(1)(D)” after “under this subsection” in introductory provisions. Subsec. (d)(6). Pub. L. 118–63, § 712(b)(6), redesignated par. (6) as (5). Pub. L. 118–63, § 712(b)(4), substituted “provision of this section” for “provision of this subsection” and inserted “or subsection (c)(1)(D)” after “under this subsection”. Subsec. (d)(7). Pub. L. 118–63, § 712(b)(6), redesignated par. (7) as (6). Subsec. (f)(1). Pub. L. 118–63, § 713(a)(1)(A), substituted “sponsor of a medium or large hub airport” for “sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and” in introductory provisions. Subsec. (f)(1)(A). Pub. L. 118–63, § 713(a)(1)(B), substituted “40 percent” for “50 percent” wherever appearing. Subsec. (f)(1)(B). Pub. L. 118–63, § 713(a)(1)(C), substituted “60 percent” for “75 percent” wherever appearing. Subsec. (f)(2), (3). Pub. L. 118–63, § 713(a)(2), added par. (2) and struck out former pars. (2) and (3) which read as follows: “(2)

of reduction.—A reduction in an apportionment required by paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the charge imposed under section 40117 is begun. “(3) Special rule for transitioning airports.— “(A) In general.—Beginning with the fiscal year following the first calendar year in which the sponsor of an airport has more than .25 percent of the total number of boardings in the United States, the sum of the amount that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the charge in such fiscal year shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the revenues derived from such charge in the preceding fiscal year. “(B) Effective period.—Subparagraph (A) shall be in effect for fiscal year 2004.” 2023—Subsec. (c)(1)(J). Pub. L. 118–34 substituted “

March 8, 2024,” for “

December 31, 2023,”. Pub. L. 118–15 substituted “2023, and for the period beginning on

October 1, 2023, and ending on

December 31, 2023, to” for “2023 to”. 2020—Subsec. (c)(1)(J). Pub. L. 116–260 added subpar. (J). 2018—Subsec. (c)(1)(F) to (H). Pub. L. 115–254, § 151, added subpars. (F) to (H) and struck out former subpar. (F) which related to apportionment of funds for fiscal years 2017 and 2018 to sponsors of primary airports. Subsec. (c)(1)(I). Pub. L. 115–254, § 164, added subpar. (I). Subsec. (d)(3)(C), (D). Pub. L. 115–254, § 148(b), added subpars. (C) and (D). Subsec. (d)(5). Pub. L. 115–254, § 136, amended par. (5) generally. Prior to amendment, text read as follows: “(A) In general.—The Secretary may permit the use of State highway specifications for airfield pavement

is required for safety reasons.” 2017—Subsec. (c)(1)(F). Pub. L. 115–63 struck out “for fiscal year 2017” after “rule” in heading and substituted “for each of fiscal years 2017 and 2018 an amount” for “for fiscal year 2017 an amount” in introductory provisions. 2016—Subsec. (c)(1)(F). Pub. L. 114–190 amended subpar. (F) generally. Prior to amendment, text read as follows: “Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.” 2012—Subsec. (c)(1)(F), (G). Pub. L. 112–95, § 141(b), added subpar. (F) and struck out former subpars. (F) and (G) which related, respectively, to special rules for fiscal years 2004 and 2005 and to special rule for fiscal year 2006. Subsec. (d)(7). Pub. L. 112–95, § 141(a), added par. (7). Subsec. (f). Pub. L. 112–95, § 111(c)(2)(A)(iii), substituted “charge” for “fee” wherever appearing. Subsec. (f)(1)(A), (B). Pub. L. 112–95, § 143, added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) in the case of a charge of $3.00 or less, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and “(B) in the case of a charge of more than $3.00, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.” Subsec. (g). Pub. L. 112–95, § 142, added subsec. (g). 2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G). 2003—Subsec. (c)(1)(F). Pub. L. 108–176, § 146(a), added subpar. (F). Subsec. (c)(2). Pub. L. 108–176, § 147(1), struck out “only” after “Cargo” in heading. Subsec. (c)(2)(A). Pub. L. 108–176, § 147(2), substituted “3.5 percent” for “3 percent”. Subsec. (f)(3). Pub. L. 108–176, § 146(b)(1), substituted “airports” for “airorts” in heading. Subsec. (f)(3)(B). Pub. L. 108–176, § 146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”. 2000—Subsec. (c)(1). Pub. L. 106–181, § 104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins. Subsec. (c)(1)(B). Pub. L. 106–181, § 104(a)(1)(A), (2)(B), (C), inserted heading, substituted “$650,000” for “$500,000”, and realigned margins. Subsec. (c)(1)(C) to (E). Pub. L. 106–181, § 104(a)(1)(B), added subpars. (C) to (E). Subsec. (c)(2)(A). Pub. L. 106–181, § 104(b)(1), substituted “3 percent” for “2.5 percent”. Subsec. (c)(2)(C). Pub. L. 106–181, § 104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”. Subsec. (d). Pub. L. 106–181, § 104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3). Subsec. (e). Pub. L. 106–181, § 104(d)(1), substituted “Supplemental” for “Alternative” in heading. Subsec. (e)(1). Pub. L. 106–181, § 104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under” and “airports in Alaska” for “those airports”. Subsec. (e)(2). Pub. L. 106–181, § 104(d)(3), (5), inserted heading and realigned margins. Subsec. (e)(3), (4). Pub. L. 106–181, § 104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of

September 3, 1982, but were not apportioned amounts in the fiscal year ending

September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.” Subsec. (f). Pub. L. 106–181, § 105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”, and added pars. (2) and (3). 1996—Subsec. (c)(1)(A)(iv). Pub. L. 104–264, § 121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”. Subsec. (c)(1)(A)(v). Pub. L. 104–264, § 121(a)(1)(A), (C), (D), added cl. (v). Subsec. (c)(2). Pub. L. 104–264, § 121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport. “(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year.” Subsec. (c)(3). Pub. L. 104–264, § 121(a)(3), struck out par. (3) which read as follows: “(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved. “(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.” Subsec. (d)(2). Pub. L. 104–264, § 121(b)(1), substituted “18.5” for “12” in introductory provisions. Subsec. (d)(2)(A). Pub. L. 104–264, § 121(b)(2), substituted “0.66” for “one”. Subsec. (d)(2)(B), (C). Pub. L. 104–264, § 121(b)(3), (4), substituted “49.67” for “49.5” and “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”. 1994—Subsec. (c)(1)(B). Pub. L. 103–429, § 6(66)(A), substituted “$500,000” for “$400,000”. Subsec. (c)(3). Pub. L. 103–429, § 6(66)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”, “49.5” for “44” in two places, and “If this subparagraph” for “If this paragraph”, and added subpar. (B).

of 2024 Amendment Pub. L. 118–63, title VII, § 713(b),

May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [

May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”